- (1.) ARUN Tandon, J. Heard Sri Shashi Kant Gupta on behalf of the petitioner, learned Standing Counsel on behalf of Respondent No. 1 and Sri Neeraj Tiwari on behalf of Respondent Nos. 2 and 4.
(2.) PETITIONER Sri Nitin Kumar Gupta was admitted to the B. Sc. Three Years Degree Course in D. A. V. Post Graduate College, Kanpur, which is an institution affiliated to Chhatrapati Shahu Ji Maharaj University, Kanpur in the year, 2002. It is contended that the petitioner appeared in the B. Sc. Part-I Examination conducted by the Kanpur University in the year, 2001 and was successful. He was, therefore, admitted to B. Sc. Part-II Course in the said institution and under took the examination in respect of the B. Sc. Part-II, conducted by the Kanpur University in the year, 2002 with Roll No. 206000. It is admitted to the petitioner that he did not appear in the Practical Examination of Physics and Chemistry subjects in the aforesaid B. Sc. Part-II Examination.
(3.) THE petitioner for the purposes of appearing in the Back Paper of Physics and Chemistry (both) Practical Examination of 2002 (Bad Papers whereof took place in the year, 2003), applied to the Kanpur University. THE university granted permission to the petitioner to appear in the Back Papers of Physics and Chemistry Practicals and in that regard petitioner has brought on record copy of the permission granted to him by the Kanpur University in respect of Back Papers in Physics and Chemistry Practical for the Examination of 2003 as Annexures-1 and 2 to the writ petition (the genuineness of the said documents has not been disputed by the Kanpur University ). In accordance with the permission so granted by the Kanpur University, the petitioner appeared in Batch No. II in respect of Back Paper of Physics Practical on 5th March, 2003 and in Batch No. I in respect of Chemistry Practical on 10th March, 2003. Without disclosing as to on which date the petitioner was admitted in B. Sc. Part-Ill, it has been stated in paragraph 10 of the writ petition that the petitioner had given an application before the University for declaring the result of B. Sc. Part-Ill, in which it has been claimed that the petitioner has appeared with Roll No. 613635 and in support of the said contention, the petitioner has enclosed a copy of the fee receipt and clearance slip issued to the petitioner by the D. A. V. College, Kanpur, which are enclosed as Annexure Nos. 8 and 9 to the writ petition. The fee deposit receipt bears the date as 30th July, 2002, while the clearance slip issued by the college in respect of University Examination-2003 bears the date as 10th March, 2003.;